How to Modify a Parenting Plan in Colorado

Circumstances change. Kids get older. Parents relocate, change jobs, or develop new concerns about the other household. Colorado allows modifications to parenting plans — but the process has specific legal requirements, including a waiting period that catches many parents off guard.

The Two-Year Waiting Period

Under C.R.S. § 14-10-129, you generally cannot modify parenting time or decision-making allocation within the first two years after the original order is entered. This restriction exists to give families stability and prevent parents from relitigating immediately after a case is finalized.

The two-year clock starts from the date the court entered the original parenting plan order, not the date of separation or divorce filing.

Exceptions to the Two-Year Rule

The waiting period has a critical exception: if the child's present environment endangers their physical health or significantly impairs their emotional development, and the harm of the current arrangement outweighs the disruption of changing it, the court can hear a modification motion before two years have passed.

This is a high bar. Ordinary co-parenting friction — the other parent being consistently 15 minutes late, disagreements about screen time, different household rules — won't meet the endangerment standard. The court is looking for situations like:

• A parent developing a substance abuse problem that impairs their caregiving
• Domestic violence in the home
• Child abuse or neglect
• A parent abandoning their parenting time responsibilities entirely
• Severe mental health issues that directly affect the child's safety

Modification After Two Years

Once the two-year period has passed, the standard for modification shifts. You need to demonstrate a substantial change in circumstances — not endangerment, but a meaningful change that affects the current arrangement's fit for the child.

Common qualifying changes include:

The child's needs have changed. A toddler who needed the 2-2-3 schedule is now a middle schooler who functions better with alternating weeks. A child's developing activity schedule may require a different parenting time arrangement.

A parent's relocation. If one parent moves far enough to make the current schedule impractical, modification may be necessary. Note that relocation itself has separate notice requirements under C.R.S. § 14-10-129.

A parent's work schedule change. A shift from a 9-to-5 job to overnight shifts, or a travel-heavy role that makes consistent weeknight parenting impossible.

The existing plan isn't being followed. If one parent routinely doesn't exercise their parenting time or consistently violates the terms of the plan, the other parent can seek a modification that reflects reality.

The child's preference. As children mature, their preferences carry more weight. A teenager with a reasoned preference for a different arrangement may support a modification request.

The Modification Process

1. File a motion. Submit a verified motion to modify parenting time or decision-making through the same court that entered your original order. Include specific facts demonstrating the substantial change in circumstances.

2. Mandatory mediation. Unless domestic violence is involved, the court will likely order mediation before scheduling a contested hearing. If you and the other parent can agree on modifications, you submit a stipulated modification.

3. Hearing. If mediation doesn't produce agreement, the court holds an evidentiary hearing. Both parents present evidence supporting their proposed modification. The court applies the best-interests factors.

4. New order. If the court finds the modification is warranted, it enters an amended parenting plan that replaces the relevant portions of the original order.

Decision-Making Modifications

Modifying decision-making allocation (joint to sole, or vice versa) follows the same framework but requires showing that the current allocation no longer serves the child's interests. Common triggers include one parent consistently making unilateral decisions on joint matters, a parent's inability to communicate constructively about major decisions, or a significant change in one parent's capacity to participate in decision-making.

Don't Modify Informally

Many parents agree to informal schedule changes without updating their court order. This works until it doesn't. If the co-parenting relationship deteriorates, you're left with an enforceable order that doesn't reflect your actual arrangement — and a court that will default to the written plan.

When your circumstances have genuinely changed, formalizing the modification protects both parents and gives everyone clear expectations to follow.

The Colorado Child Custody & Parenting Plan Guide includes a modification checklist that helps you evaluate whether your situation meets the legal standard and organize the documentation you'll need for the motion.

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